The Takeover Game Ltd: Terms of website use (UK).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
THIS SITE
TERMS OF WEBSITE USE
This terms of use (together with the documents referred to in it) tells you the terms of use on
which you may make use of our website www.thetakeovergame.com (our site), whether as a
guest or a registered user. Use of our site includes accessing, browsing, or registering to use our
site.
Please read these terms of use carefully before you start to use our site, as these will apply to
your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply
with them.
If you do not agree to these terms of use, you must not use our site.
OTHER APPLICABLE TERMS
These terms of use refer to the following additional terms, which also apply to your use of our
site:
•
Our Privacy Policy, which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. By using our site, you consent to such processing
and you warrant that all data provided by you is accurate.
•
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our
site. When using our site, you must comply with this Acceptable Use Policy.
•
Our Cookie Policy, which sets out information about the cookies on our site.
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
INFORMATION ABOUT US
www.thetakeovergame.com is a site operated by The Takeover Game Ltd ("We"). We are
registered in England and Wales under company 09512232 and have our registered office at
22 Wenlock Road London. We are a limited company.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are
binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However,
please note that any of the content on our site may be out of date at any given time, and we are
under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be
uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw,
discontinue or change all or any part of our site without notice. We will not be liable to you if
for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet
connection are aware of these terms of use and other applicable terms and conditions, and that
they comply with them.
Our site is directed to people residing in the United Kingdom. We do not represent that content
available on or through our site is appropriate or available in other locations. We may limit the
availability of our site or any service or product described on our site to any person or
geographic area at any time. If you choose to access our site from outside the United Kingdom,
you do so at your own risk.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece
of information as part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you
or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any
of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or
password, you must promptly notify us at [email protected].
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material
published on it. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your
personal use and you may draw the attention of others within your organisation to content
posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must
always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining
a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right
to use our site will cease immediately and you must, at our option, return or destroy any copies
of the materials you have made.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to
advice on which you should rely. You must obtain professional or specialist advice before
taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that the content on our
site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising
from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that
cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other
terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in
connection with:
•
use of, or inability to use, our site; or
•
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
•
loss of profits, sales, business, or revenue;
•
business interruption;
•
loss of anticipated savings;
•
loss of business opportunity, goodwill or reputation; or
•
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private
use. You agree not to use our site for any commercial or business purposes, and we have no
liability to you for any loss of profit, loss of business, business interruption, or loss of business
opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service
attack, or other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of our site or to your
downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should
not be interpreted as endorsement by us of those linked websites. We will not be liable for any
loss or damage that may arise from your use of them.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make
contact with other users of our site, you must comply with the content standards set out in our
Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable
to us and indemnify us for any breach of that warranty. If you are a consumer user, this means
you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but you are required to grant us and
other users of the Site a limited licence to use, store and copy that content and to distribute and
make it available to third parties. The rights you license to us are described in the next paragraph
(Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any
content posted or uploaded by you to our site constitutes a violation of their intellectual property
rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any
content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does
not comply with the content standards set out in our Acceptable Use Policy
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and
platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs
or other material which is malicious or technologically harmful. You must not attempt to gain
unauthorised access to our site, the server on which our site is stored or any server, computer
or database connected to our site. You must not attack our site via a denial-of-service attack or
a distributed denial-of service attack. By breaching this provision, you would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such breach to the relevant
law enforcement authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site
other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set
out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact
[email protected]
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links
are provided for your information only.
We have no control over the contents of those sites or resources.
APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation,
are governed by English law. You and we both agree to that the courts of England and Wales
will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you
may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may
also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
TRADE MARKS
The Takeover Game is a UK registered trade mark of The Takeover Game Ltd.
CONTACT US
To contact us, please email [email protected].
Thank you for visiting our site.
Online consumer goods, services and digital content terms
and conditions:
CONTENTS
CLAUSE
1.
These terms ......................................................................................................... 1
2.
Information about us and how to contact us ....................................................... 1
3.
Our contract with you ......................................................................................... 1
4.
Our products ....................................................................................................... 2
5.
Your rights to make changes .............................................................................. 2
6.
Our rights to make changes ................................................................................ 2
7.
Providing the products ........................................................................................ 3
8.
Your rights to end the contract ........................................................................... 5
9.
How to end the contract with us (including if you have changed your mind) .... 6
10.
Our rights to end the contract ............................................................................. 7
11.
If there is a problem with the product ................................................................. 7
12.
Price and payment............................................................................................... 9
13.
Our responsibility for loss or damage suffered by you..................................... 10
14.
How we may use your personal information .................................................... 10
15.
Other important terms ....................................................................................... 11
OUR TERMS
1.
THESE TERMS
1.1
What these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods, services or digital content.
1.2
Why you should read them. Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will provide products to you,
how you and we may change or end the contract, what to do if there is a problem and
other important information. If you think that there is a mistake in these terms [or
require any changes], please contact us to discuss.
2.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1
Who we are. We are The Takeover Game Ltd a company registered in England and
Wales. Our company registration number is 09512232 and our registered office is at
22 Wenlock Road, London
2.2
How to contact us. You can contact us by writing to us at [email protected]
2.3
How we may contact you. If we have to contact you we will do so by telephone or by
writing to you at the email address or postal address you provided to us in your order.
2.4
"Writing" includes emails. When we use the words "writing" or "written" in these
terms, this includes emails.
3.
OUR CONTRACT WITH YOU
3.1
How we will accept your order. Our acceptance of your order will take place when
we email you to accept it, at which point a contract will come into existence between
you and us.
3.2
If we cannot accept your order. If we are unable to accept your order, we will inform
you of this in writing and will not charge you for the product. This might be because
the product is out of stock, because of unexpected limits on our resources which we
could not reasonably plan for[, because a credit reference we have obtained for you
does not meet our minimum requirements], because we have identified an error in the
price or description of the product or because we are unable to meet a delivery deadline
you have specified.
3.3
Your order number. We will assign an order number to your order and tell you what
it is when we accept your order. It will help us if you can tell us the order number
whenever you contact us about your order.
1
3.4
We only sell to the UK. Our website is solely for the promotion of our products in the
UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the
UK.
4.
OUR PRODUCTS
4.1
Products may vary slightly from their pictures. The images of the products on our
website are for illustrative purposes only. Although we have made every effort to
display the colours accurately, we cannot guarantee that a device's display of the
colours accurately reflects the colour of the products. Your product may vary slightly
from those images.
4.2
Product packaging may vary. The packaging of the product may vary from that
shown in images on our website.
5.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We
will let you know if the change is possible. If it is possible we will let you know about
any changes to the price of the product, the timing of supply or anything else which
would be necessary as a result of your requested change and ask you to confirm whether
you wish to go ahead with the change. If we cannot make the change or the
consequences of making the change are unacceptable to you, you may want to end the
contract (see clause 8- Your rights to end the contract).
6.
OUR RIGHTS TO MAKE CHANGES
6.1
Minor changes to the products. We may change the product:
6.2
(a)
to reflect changes in relevant laws and regulatory requirements and
(b)
to implement minor technical adjustments and improvements, for example to
address a security threat. These changes will [not affect your use of the
product.
More significant changes to the products and these terms. In addition, as we
informed you in the description of the product on our website, we may make the
following changes to these terms or the product, but if we do so we will notify you and
you may then contact us to end the contract before the changes take effect and receive
a refund for any products paid for but not received:
(a)
6.3
CHANGES
Updates to digital content. We may update or require you to update digital content,
provided that the digital content shall always match the description of it that we
provided to you before you bought it.
2
7.
PROVIDING THE PRODUCTS
7.1
Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2
When we will provide the products. During the order process we will let you know
when we will provide the products to you. If the products are ongoing services or
subscriptions, we will also tell you during the order process when and how you can end
the contract.
7.3
We are not responsible for delays outside our control. If our supply of the products
is delayed by an event outside our control then we will contact you as soon as possible
to let you know and we will take steps to minimise the effect of the delay. Provided we
do this we will not be liable for delays caused by the event, but if there is a risk of
substantial delay you may contact us to end the contract and receive a refund for any
products you have paid for but not received.
7.4
If you are not at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your letterbox, we
will leave you a note informing you of how to rearrange delivery or collect the products
from a local depot.
7.5
If you do not re-arrange delivery. If you do not collect the products from us as
arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect
them from a delivery depot we will contact you for further instructions and may charge
you for storage costs and any further delivery costs. If, despite our reasonable efforts,
we are unable to contact you or re-arrange delivery or collection we may end the
contract and clause 10.2 will apply.
7.6
Your legal rights if we deliver goods late. You have legal rights if we deliver any
goods late. If we miss the delivery deadline for any goods then you may treat the
contract as at an end straight away if any of the following apply:
(a)
we have refused to deliver the goods;
(b)
delivery within the delivery deadline was essential (taking into account all the
relevant circumstances); or
(c)
you told us before we accepted your order that delivery within the delivery
deadline was essential.
7.7
Setting a new deadline for delivery. If you do not wish to treat the contract as at an
end straight away, or do not have the right to do so under clause 7.6, you can give us
a new deadline for delivery, which must be reasonable, and you can treat the contract
as at an end if we do not meet the new deadline.
7.8
When you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us or you
or a carrier organised by you collect it from us.
3
7.9
When you own goods. You own a product which is goods once we have received
payment in full.
7.10
What will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products to you, for example,
where to deliver. If so, this will have been stated in the description of the products on
our website. We will contact you in writing to ask for this information. If you do not
give us this information within a reasonable time of us asking for it, or if you give us
incomplete or incorrect information, we may either end the contract (and clause 10.2
will apply) or make an additional charge of a reasonable sum to compensate us for any
extra work that is required as a result. We will not be responsible for supplying the
products late or not supplying any part of them if this is caused by you not giving us
the information we need within a reasonable time of us asking for it.
7.11
Reasons we may suspend the supply of products to you. We may have to suspend
the supply of a product to:
(a)
deal with technical problems or make minor technical changes;
(b)
update the product to reflect changes in relevant laws and regulatory
requirements;
(c)
make changes to the product as requested by you or notified by us to you (see
clause 6).
7.12
Your rights if we suspend the supply of products. We will contact you in advance
to tell you we will be suspending supply of the product, unless the problem is urgent or
an emergency. If we have to suspend the product for longer than 100 days in any we
will adjust the price so that you do not pay for products while they are suspended. You
may contact us to end the contract for a product if we suspend it, or tell you we are
going to suspend it, in each case for a period of more than 100 days and we will refund
any sums you have paid in advance for the product in respect of the period after you
end the contract.
7.13
We may also suspend supply of the products if you do not pay. If you do not pay us
for the products when you are supposed to (see clause 12.4) and you still do not make
payment within 30 days of us reminding you that payment is due, we may suspend
supply of the products until you have paid us the outstanding amounts. We will contact
you to tell you we are suspending supply of the products. We will not suspend the
products where you dispute the unpaid invoice (see clause 12.6). We will not charge
you for the products during the period for which they are suspended. As well as
suspending the products we can also charge you interest on your overdue payments
(see clause 12.5).
4
8.
YOUR RIGHTS TO END THE CONTRACT
8.1
You can always end your contract with us. Your rights when you end the contract
will depend on what you have bought, whether there is anything wrong with it, how we
are performing and when you decide to end the contract:
8.2
(a)
If what you have bought is faulty or misdescribed you may have a legal
right to end the contract (or to get the product repaired or replaced or a
service re-performed or to get some or all of your money back), see clause
11;
(b)
If you want to end the contract because of something we have done or
have told you we are going to do, see clause 8.2;
(c)
If you have just changed your mind about the product, see clause 8.3.
You may be able to get a refund if you are within the cooling-off period, but
this may be subject to deductions and you will have to pay the costs of return
of any goods;
(d)
In all other cases (if we are not at fault and there is no right to change
your mind), see [clause 8.4 OR clause Error! Reference source not
found.].
Ending the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been
provided and you may also be entitled to compensation. The reasons are:
(a)
we have told you about an upcoming change to the product or these terms
which you do not agree to (see clause 6.2);
(b)
we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
(c)
there is a risk that supply of the products may be significantly delayed because
of events outside our control;
(d)
we have suspended supply of the products for technical reasons, or notify you
we are going to suspend them for technical reasons, in each case for a period
of more than 100 days; or
(e)
you have a legal right to end the contract because of something we have done
wrong [(including because we have delivered late (see clause 7.6)].
8.3
Exercising your right to change your mind (Consumer Contracts Regulations
2013). For most products bought online you have a legal right to change your mind
within 14 days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
8.4
Ending the contract where we are not at fault and there is no right to change your
mind. Even if we are not at fault and you do not have a right to change your mind (see
clause 8.1), you can still end the contract before it is completed, but you may have to
5
pay us compensation. A contract for goods or digital content is completed when the
product is delivered, downloaded or streamed and paid for. A contract for services is
completed when we have finished providing the services and you have paid for them.
If you want to end a contract before it is completed where we are not at fault and you
have not changed your mind, just contact us to let us know. The contract will end
immediately and we will refund any sums paid by you for products not provided but
we may deduct from that refund (or, if you have not made an advance payment, charge
you) £20 as compensation for the net costs we will incur as a result of your ending the
contract
9.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR
MIND)
9.1
Tell us you want to end the contract. To end the contract with us, please let us know
by doing one of the following:
(a)
Email. Email us at [email protected] Please provide your name,
home address, details of the order and, where available, your phone number
and email address.
9.2
Returning products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must return
them to us. You must either return the goods in person to where you bought them,
post them back to us at 15 Victoria Road Godalming GU71JR or (if they are not suitable
for posting) allow us to collect them from you.
9.3
What we charge for collection. If you are responsible for the costs of return and we
are collecting the product from you, we will charge you the direct cost to us of
collection.
9.4
How we will refund you. We will refund you the price you paid for the products
including delivery costs, by the method you used for payment. However, we may make
deductions from the price, as described below.
9.5
Deductions from refunds if you are exercising your right to change your mind. If
you are exercising your right to change your mind:
(a)
We may reduce your refund of the price (excluding delivery costs) to reflect
any reduction in the value of the goods, if this has been caused by your
handling them in a way which would not be permitted in a shop. If we refund
you the price paid before we are able to inspect the goods and later discover
you have handled them in an unacceptable way, you must pay us an
appropriate amount.
(b)
The maximum refund for delivery costs will be the costs of delivery by the
least expensive delivery method we offer. For example, if we offer delivery
of a product within 5 days at one cost but you choose to have the product
6
delivered within 24 hours at a higher cost, then we will only refund what you
would have paid for the cheaper delivery option.
(c)
9.6
Where the product is a service, we may deduct from any refund an amount
for the supply of the service for the period for which it was supplied, ending
with the time when you told us you had changed your mind. The amount will
be in proportion to what has been supplied, in comparison with the full
coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind then:
(a)
If the products are goods and we have not offered to collect them, your refund
will be made within 14 days from the day on which we receive the product
back from you or, if earlier, the day on which you provide us with evidence
that you have sent the product back to us. For information about how to return
a product to us, see clause 9.8.
(b)
In all other cases, your refund will be made within 14 days of your telling us
you have changed your mind
10.
OUR RIGHTS TO END THE CONTRACT
10.1
We may end the contract if you break it. We may end the contract for a product at
any time by writing to you if:
(a)
you do not make any payment to us when it is due and you still do not make
payment within 14 days of us reminding you that payment is due;
(b)
you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products;
(c)
you do not, within a reasonable time, allow us to deliver the products to you
or collect them from us;
(d)
you do not, within a reasonable time, allow us access to your premises to
supply the services; or
(e)
OTHER CIRCUMSTANCES.
10.2
You must compensate us if you break the contract. If we end the contract in the
situations set out in clause 10.1 we will refund any money you have paid in advance
for products we have not provided but we may deduct or charge you £30 as
compensation for the net costs we will incur as a result of your breaking the contract
11.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1
How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can telephone our customer service team
7
11.2
Summary of your legal rights. We are under a legal duty to supply products that are
in conformity with this contract. See the box below for a summary of your key legal
rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For
detailed information please visit the Citizens Advice website www.adviceguide.org.uk or
call 03454 04 05 06.
If your product is goods, for example [furniture or a laptop], the Consumer Rights Act
2015 says goods must be as described, fit for purpose and of satisfactory quality. During
the expected lifespan of your product your legal rights entitle you to the following:
•
up to 30 days: if your goods are faulty, then you can get an immediate refund.
•
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full
refund, in most cases.
•
up to six years: if your goods do not last a reasonable length of time you may be entitled
to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations
2013).
If your product is digital content, for example [a mobile phone app or a subscription to a
music streaming service], the Consumer Rights Act 2015 says digital content must be as
described, fit for purpose and of satisfactory quality:
•
if your digital content is faulty, you're entitled to a repair or a replacement.
•
if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without
significant inconvenience, you can get some or all of your money back
•
if you can show the fault has damaged your device and we haven't used reasonable care
and skill, you may be entitled to a repair or compensation
See also Exercising your right to change your mind (Consumer Contracts Regulations
2013).
If your product is services, for example [a support contract for a laptop or tickets to a
concert], the Consumer Rights Act 2015 says:
•
you can ask us to repeat or fix a service if it's not carried out with reasonable care and
skill, or get some money back if we can't fix it.
•
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
•
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
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See also Exercising your right to change your mind (Consumer Contracts Regulations
2013).
11.3
Your obligation to return rejected products. If you wish to exercise your legal rights
to reject products you must either return them in person to where you bought them,
post them back to us or (if they are not suitable for posting) allow us to collect them
from you. We will pay the costs of postage or collection.
12.
PRICE AND PAYMENT
12.1
Where to find the price for the product. The price of the product (which includes
VAT) will be the price indicated on the order pages when you placed your order. We
use our best efforts to ensure that the price of the product advised to you is correct.
However please see clause 12.3 for what happens if we discover an error in the price
of the product you order.
12.2
We will pass on changes in the rate of VAT. If the rate of VAT changes between
your order date and the date we supply the product, we will adjust the rate of VAT that
you pay, unless you have already paid for the product in full before the change in the
rate of VAT takes effect.
12.3
What happens if we got the price wrong. It is always possible that, despite our best
efforts, some of the products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product's correct price at your
order date is less than our stated price at your order date, we will charge the lower
amount. If the product's correct price at your order date is higher than the price stated
to you, we will contact you for your instructions before we accept your order. If we
accept and process your order where a pricing error is obvious and unmistakeable and
could reasonably have been recognised by you as a mispricing, we may end the
contract, refund you any sums you have paid and require the return of any goods
provided to you.
12.4
When you must pay and how you must pay. When you must pay depends on what
product you are buying:
(a)
12.5
For goods, you must pay for the products before we dispatch them. We will
not charge your credit or debit card until we dispatch the products to you.
We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the rate of 2% a year
above the base lending rate of LIBOR from time to time. This interest shall accrue on
a daily basis from the due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any overdue
amount.
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12.6
What to do if you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know and we will not charge you interest until we have
resolved the issue.
13.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1
We are responsible to you for foreseeable loss and damage caused by us. If we fail
to comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use reasonable care and
skill[, but we are not responsible for any loss or damage that is not foreseeable]. Loss
or damage is foreseeable if either it is obvious that it will happen or if, at the time the
contract was made, both we and you knew it might happen, for example, if you
discussed it with us during the sales process.
13.2
We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud or
fraudulent misrepresentation; for breach of your legal rights in relation to the products
[as summarised at clause 11.2]; and for defective products under the Consumer
Protection Act 1987
13.3
When we are liable for damage to your property. If we are providing services in
your property, we will make good any damage to your property caused by us while
doing so. However, we are not responsible for the cost of repairing any pre-existing
faults or damage to your property that we discover while providing the services.
13.4
If defective digital content which we have supplied damages a device or digital content
belonging to you and this is caused by our failure to use reasonable care and skill we
will either repair the damage or pay you compensation.
13.5
We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose we
will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
14.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1
How we will use your personal information. We will use the personal information
you provide to us:
(a)
to supply the products to you;
(b)
to process your payment for the products; and
(c)
if you agreed to this during the order process, to give you information about
similar products that we provide, but you may stop receiving this at any time
by contacting us.
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14.2
We will only give your personal information to third parties where the law either
requires or allows us to do so.
15.
OTHER IMPORTANT TERMS
15.1
We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. [
15.2
You need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your obligations
under these terms to another person if we agree to this in writing.. However, you may
transfer our guarantee at clause Error! Reference source not found. to a person who
has acquired the product or, where the product is services, any item or property in
respect of which we have provided the services. We may require the person to whom
the guarantee is transferred to provide reasonable evidence that they are now the owner
of the relevant item or property.
15.3
Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have any
rights to enforce any of its terms[, except as explained in clause 15.2in respect of our
guarantee. Neither of us will need to get the agreement of any other person in order to
end the contract or make any changes to these terms].
15.4
If a court finds part of this contract illegal, the rest will continue in force. Each of
the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full
force and effect.
15.5
Even if we delay in enforcing this contract, we can still enforce it later. If we do
not insist immediately that you do anything you are required to do under these terms,
or if we delay in taking steps against you in respect of your breaking this contract, that
will not mean that you do not have to do those things and it will not prevent us taking
steps against you at a later date. For example, if you miss a payment and we do not
chase you but we continue to provide the products, we can still require you to make the
payment at a later date.
15.6
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English courts. If
you live in Northern Ireland you can bring legal proceedings in respect of the products
in either the Northern Irish or the English courts.
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